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News Excerpts From the Feb. 1, 2015, Bender’s Immigration Bulletin

DHS Weighing Program to Streamline Employment-Based Immigration Requests | On January 15, 2015, the Department of Homeland Security announced the potential launch of a pilot program later this year to streamline adjudications of employment-based immigration requests by known U.S. employers. According...

Groups File Lawsuit Challenging Failures of CBP to Respond to FOIA Requests

"Yesterday, a class action lawsuit was filed by three immigration attorneys and eleven noncitizens challenging U.S. Customs and Border Protection’s (CBP) nationwide practice of failing to timely respond to requests for case information under the Freedom of Information Act (FOIA). FOIA gives...

Immigration Attys Sue CBP Over 'Sluggish' FOIA Responses

"U.S. Customs and Border Protection is violating federal laws and stymieing immigration relief petitions by routinely failing to timely respond to Freedom of Information Act requests, immigration lawyers and noncitizens contended Wednesday in their amended putative class action. The plaintiffs...

ESTA Final Rule - CBP

"This rule adopts as final, with one substantive change, interim amendments to DHS regulations published in the Federal Register on June 9, 2008 and August 9, 2010 regarding the Electronic System for Travel Authorization (ESTA). ESTA is the online system through which nonimmigrant aliens intending...

CBP Claims 3-Year-Old Came to U.S. 'To Look for Work'

"Last summer, at a United States Border Patrol station along the U.S.-Mexico border, a parade of Border Patrol agents interviewed Y-F-. Addressing Y-F- directly in Spanish, a government agent told Y-F- that "I am an officer of the United States Department of Homeland Security." He informed...

Public Records Show CBP-Created 'Statements' Not Reliable - AILA Amicus Brief

"AILA filed an amicus brief in a case arising from an asylum grant in Artesia. The DHS appealed the grant arguing that the respondent was not credible because her merits testimony contradicted prior border statements and credible fear statements. AILA took the position that the BIA should adopt...

The Price For Deporting an American Child? $32K (Ruiz v. USA)

AIC writes - "Some say the wheels of justice turn slowly; however, when justice is finally delivered it is sweet. After more than two years of litigation, the U.S. government has agreed to settle a lawsuit filed by Leonel Ruiz on behalf of his minor daughter, alleging that in 2011, U.S. Customs...

News Excerpts From The Aug. 1, 2015, Bender’s Immigration Bulletin

Report Highlights Lack of Oversight, Vulnerability to Corruption at CBP | On June 29, 2015, a subcommittee of the Homeland Security Advisory Council released a report concluding that U.S. Customs and Border Protection lacks sufficient internal oversight and is vulnerable to corruption from within...

CBP Launches Redesigned ESTA Website for Visa Waiver Program Visitors

CBP, Sept. 10, 2015

CBP Must Meet FOIA Deadlines: Brown v. CBP

"Plaintiffs submitted Freedom of Information Act (“FOIA”) requests to defendants United States Customs and Border Protection and Department of Homeland Security (together, “CBP”) that have gone unanswered far beyond the deadline Congress mandated. They allege a single claim...

CBP Releases National 'TEDS' Standards; Advocates Call For Greater Accountability

CBP, Oct. 5, 2015 - " U.S. Customs and Border Protection (CBP) recently issued uniform national standards governing CBP’s interaction with detained individuals. This agencywide policy – U.S. Customs and Border Protection National Standards on Transport, Escort, Detention, and Search...

CBP Comm. Kerlikowske on 2015 Use of Force Stats

CBP, Oct. 13, 2015 - "The past year has brought many changes to CBP on use of force, transparency, and accountability. The steps we have taken over the past year – implementing policy changes, revamping our training, standing up a new review process, and expediting the disclosure of basic...

Advance Copy of CBP Notice: Biometrics Test at Otay Mesa POE

This document is scheduled to be published in the Federal Register on 11/13/2015 - "This notice announces that U.S. Customs and Border Protection (CBP) intends to conduct a test to collect biometric information at the Otay Mesa, California land border port-of-entry from certain aliens entering and...

CBP Final Rule: FOIA Procedures

Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 - "This final rule amends the U.S. Customs and Border Protection (‘‘CBP’’) Freedom of Information Act (‘‘FOIA’’) regulations. Due to the transfer of CBP from the Department of the Treasury...

Hieleras (Iceboxes) in the Rio Grande Valley Sector - Lengthy Detention, Deplorable Conditions, and Abuse in CBP Holding Cells

Guillermo Cantor, Ph.D., Dec. 2015 - "Each year, the Border Patrol—a division of U.S. Customs and Border Protection (CBP)—holds hundreds of thousands of individuals in detention facilities near the U.S. southern border. These facilities are not designed for overnight custody, and yet...

CBP Announces Additional Enhancements to ESTA

CBP, Feb. 23, 2016 - "U.S. Customs and Border Protection today announced additional enhancements to the Electronic System for Travel Authorization (ESTA), as part of the continued implementation of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). Last...

Parallel Proposed Rules from DOS, CBP re Waiver of Passport, Visa Requirments

Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 - "This rule proposes to reinstate a 1996 amendment to a regulation in title 8 of the Code of Federal Regulations regarding a discretionary waiver of certain documentary requirements for nonimmigrants seeking admission to the United States...

DHS OIG To Periodically Inspect CBP and ICE Detention Facilities...Unannounced

DHS OIG, Mar. 15, 2016 - "Today, the Department of Homeland Security Office of Inspector General (DHS OIG) announced a program of ongoing unannounced inspections of Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) detention facilities. The OIG is initiating this...

FOIA Lawsuit Filed Against CBP: AIC v. DHS

AIC, June 6, 2016 - "Two years ago, the American Immigration Council released an analysis of data it had obtained from the Department of Homeland Security detailing an utter lack of responsiveness to complaints filed against agents employed by United States Border Patrol. In fact, the report, No...

Judge Orders Release of Photos of Border Patrol 'Ice Box' (Hieleras) Holding Cells

Jorge Rivas, June 29, 2016 - "A District Court in Tucson this week unsealed hundreds of documents and photos that reveal the government has long been aware of the inhumane conditions in the Border Patrol’s infamous “hieleras,” temporary holding cells that are known for their extremely...

CBP Notice: Expansion of Global Entry Eligibility to All Citizens of the United Kingdom

Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 - "This document announces that CBP is concluding the pilot and expanding eligibility in the Global Entry program to include all British citizens with a valid United Kingdom passport documenting their British citizenship. Additionally...

CBP Pays $475K to Settle Suit Over Illegal Cavity Search of American Citizen at Border

ACLU, July 21, 2016 - "Today, the ACLU of Texas and the ACLU of New Mexico announced a record settlement in which U.S. Customs and Border Protection (CBP) paid a New Mexico woman $475,000 for illegally subjecting her to vaginal and anal searches after she was detained at the Cordova Bridge point...

Bollywood Superstar SRK (Shah Rukh Khan) Detained Again by CBP at LAX

Variety, Aug. 12, 2016 - "Top Indian actor Shah Rukh Khan was Thursday stopped and detained by immigration authorities as he entered the U.S. at Los Angeles Airport. It is at least the third time the superstar has been hauled over by U.S. border control. Khan was released without further hindrance...

CBP Announces Additional Details about the Electronic Visa Update System

CBP, Sept. 27, 2016 -"U.S. Customs and Border Protection (CBP) announced today all People’s Republic of China passport holders carrying a 10-year visa will be required to have a valid Electronic Visa Update System (EVUS) enrollment when traveling to the United States beginning on November...

CBP Opening 'Temporary' Immigration Jail in Donna, Texas

CBP, Nov. 30, 2016 - "U.S. Customs & Border Protection (CBP) is standing up a temporary holding facility adjacent to the Donna-Rio Bravo International Bridge in Donna, Texas to provide additional capacity for unaccompanied children and family units in CBP custody at Ports of Entry and U.S. Border...